Chapter II PROPRIETARY RIGHTS

3. Proprietary Rights.—(1) Notwithstanding anything contained in any other law of the State for the time being in force, and subject to the provisions of sub-section (2), every slum dweller, in occupation of Government land in a slum area, on an application in such form and manner as be prescribed, to the Authorized Officer, shall be entitled for consideration for settlement of land occupied by him or on such other land as may be notified by the Government and a certificate of proprietary rights of land shall be issued in such form and manner as may be prescribed:

Provided that the slum dweller who was, and continues to be in occupation in the slum area on or before the Appointed day shall only be considered for conferment of proprietary rights of land under this Act:

Provided further that certificate of proprietary rights under this Act shall not be granted to any Slum Dweller whose either or both the parents are alive and have been granted certificate of proprietary rights under this Act :

Provided further that an Urban Local Body desirous of transferring the properties in accordance with the provisions of this Act, shall pass a resolution with simple majority to this effect:

Provided further that if the land occupied by a slum dweller belongs to any statutory Board or Corporation or any Department of the Government, consent of such Board or Corporation or the Department as the case may be, shall be obtained before the settlement of land under this Act:

Provided further that if the land occupied by a slum dweller is a forest land, the Government or the concerned Urban Local Body shall undertake due process of law for diversion of such forest land under the Forest Conservation Act, 1980 (69 of 1980) or any other Law, as the case may be, for aforementioned purpose.

(2) The proprietary rights on such land shall be settled in favour of a slum dweller to the extent specified hereinafter, namely:—

(a) a slum dweller shall be entitled to a land not exceeding seventy five square meters:

Provided that where the slum dweller is in occupation of land less than seventy five square meters, the land in actual occupation of such slum dwellers may be settled accordingly;

(b) where the slum dweller belongs to Economically Weaker Section category, the proprietary rights of land shall be settled free of cost;

(c) where the slum dweller belongs to a category other than Economically Weaker Section, the land shall be settled at such rates, as the Government may by notification determine; and

(d) where a slum dweller has occupied land beyond the maximum permissible limit provided under clause (a), irrespective of the category he may belong to, the slum dweller shall voluntarily vacate such excess land and the Authorized Officer shall take over the possession of such excess land before the issue of the certificate of proprietary rights of land.

(3) The proprietary rights of the land so settled under sub-section (1), shall be inheritable to the spouse and children only but not transferable by lease, sale, gift, mortgage, will or in any other manner whatsoever from the date of issue of certificate of proprietary rights of land:

Provided that if a certificate of proprietary rights is granted under this Act in favour of a person, who dies without spouse and children, then in such circumstances, land along with structure thereupon allotted under this Act shall vest with the State Government free from all encumbrances.

(4) The certificate of the proprietary rights of land shall be issued jointly in the name of both the husband and wife in case of married persons and in the name of single head in the case of a household headed by a single person:

Provided that a red entry shall be made in the record of rights to the effect that the proprietary rights of land so conferred under this Act shall not be transferable by lease, sale, gift, mortgage, will or in any other manner except inheritance:

Provided further that no Registrar or the Sub-Registrar appointed under the Indian Registration Act, 1908 (16 of 1908) shall register any document which is in contravention of this section :

Provided further that an applicant who is a non-agriculturist and to whom proprietary rights of land have been granted under this Act, irrespective of such rights, shall continue to remain non- agriculturist for the purpose of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974).

(5) If a slum dweller, with whom the proprietary rights of land has been settled or right has accrued for allotment of any land under this Act, transfers such land or the said land is not used for residential purposes within five years of issuance of certificate of proprietary rights or indulges in misrepresentation or concealment of material facts in the application or commits fraud, the following consequences shall follow, namely:—

(a) the certificate of proprietary rights of land issued under sub-section (1), shall automatically stand cancelled;

(b) such transfer shall be null and void;

(c) no rights shall accrue to the transferee in respect of such land;

(d) the Authorized Officer shall dispossess the person who is in actual possession of such land;

(e) such slum dweller shall be debarred from getting any land in future under this Act;

(f) such slum dweller shall be guilty of an offence under this Act; and

(g) any other consequences as may be prescribed.

(6) The slum dweller, with whom the proprietary rights of land have been settled under this Act, shall not hold any certificate of proprietary rights of land in any other urban area and if he holds any such certificate, he shall surrender all such certificates to the Authorized Officer in such manner, as may be prescribed.

(7) If any slum dweller is found to have obtained more than one certificate of the proprietary rights of land by way of misrepresentation or concealment of material facts or commits fraud, the Authorized Officer shall, after giving reasonable opportunity of being heard to such slum dweller, cancel all the certificates of the proprietary rights of land and dispossess him from such land. Such slum dweller shall be guilty of an offence under this Act.

(8) The evidence to be given with application for the grant of certificate of proprietary rights of land under sub section (1) shall include documents as may be prescribed.

(9) The certificate of proprietary rights of land granted under sub-section (1) shall be acceptable as evidence for address proof of residence.

(10) The slum dweller who commits an offence under sub-section (5) or sub-section (7) shall be punishable with imprisonment of either description for a term which may extend to one year or with fine up to Rupees fifty thousand, or both.

(1) Subject to the other provisions of this Act, the proprietary rights of land conferred under sub-section (1) of section 3 shall, as far as practicable, be provided on 'as-is where-is basis':

Provided that where the Government decides that the site has untenable habitations, in such circumstances the slum dwellers shall be rehabilitated elsewhere:

Provided further that,—

(a) where, it is decided that the slum dwellers shall be rehabilitated elsewhere, the site of occupation shall be utilized for any other purpose, as the Government may decide; (b) before issuance of certificate of proprietary rights to a slum dweller, the Authorised Officer shall ensure that he has been dispossessed of existing slum dwelling of untenable habitation; and

(c) where, after providing land in the existing slum to the slum dweller, any land remains surplus, the Government may utilize such land for any purpose, as it may decide.

(2) In the event of redevelopment, the applicable planning and building regulations shall be applied and wherever any relaxation is felt necessary for implementation of a redevelopment plan, the same may be deemed to have been granted under permissible deviation under the said regulations.

(3) During the period of redevelopment, transit space shall be provided to the slum dwellers for such duration as may be necessary and as provided under the housing scheme framed by the Government.

All proceedings relating to eviction of slum dwellers pending on the ground of unauthorised occupation before any authority or Court under any law of the State shall abate on the issue of certificate of proprietary rights of land under this Act.